Cannabis Regulations (SOR/2018-144)

Marginal note:Production by designated person

• 322 (1) A designated person is, in accordance with the registration and the provisions of this Division, authorized to

  • (a) obtain by cultivation, propagation and harvesting at the production site a quantity of cannabis plants that does not exceed the maximum number of plants that is specified in the document that the designated person receives under subsection 313(3);

  • (b) if the production site is different from the place where the designated person ordinarily resides,

    • (i) subject to subsection 326(2), transport directly from the place of residence to the production site a total quantity of cannabis plants and cannabis plant seeds that, taking into account the seed-to-plant ratio specified in subsection 290(2), does not exceed the equivalent of the maximum number of plants that is specified in the document that the designated person receives under subsection 313(3), and

    • (ii) transport cannabis, other than cannabis plants or cannabis plant seeds, directly from the production site to the place of residence;

  • (c) send, deliver, transport or sell to the registered person — or an adult who is named in the document that the designated person receives under subsection 313(3) — a quantity of cannabis, other than cannabis plants or cannabis plant seeds, that does not exceed the equivalent of the maximum quantity of dried cannabis that is specified in the document; and

  • (d) if the registration has been renewed or amended and, as a result, the location of the production site or the place of residence of the designated person is changed, transport cannabis directly from the former production site or place of residence to the new production site or place of residence within any period that the Minister may specify under subsection 316(2).

• Marginal note:Parcel — requirements

  (2) A designated person who sends or has cannabis delivered under paragraph (1)(c) must

  • (a) prepare the parcel in a manner that ensures the security of its contents, such that

    • (i) it will not open or permit the escape of its contents during handling or transportation,

    • (ii) it is sealed so that it cannot be opened without the seal being broken,

    • (iii) it prevents the escape of odours associated with cannabis plant material, and

    • (iv) it prevents the contents from being identified without it being opened; and

  • (b) use a method that ensures the tracking and safekeeping of the parcel during transportation.

• Marginal note:Possession of cannabis

  (3) A designated person is authorized to

  • (a) possess the cannabis plants and cannabis plant seeds that they are authorized to obtain by cultivation, propagation and harvesting or to transport under paragraph (1)(a), (b) or (d); and

  • (b) possess in a public place the cannabis, other than cannabis plants or cannabis plant seeds, that they are authorized to send, deliver, transport or sell under paragraphs (1)(b) to (d).

Marginal note:Participation by registered person

323 If a designated person is specified in a registration certificate, the registered person may, if they are an adult, participate in the activities that the designated person is authorized to conduct under subsection 322(1).

Marginal note:Former designated person

324 An individual who ceases to be a designated person may, within seven days after ceasing to be designated, conduct the activities referred to in paragraph 322(1)(c) in accordance with that paragraph unless the registration has expired or has been revoked.

Marginal note:Maximum number of plants

• 325 (1) If the production area is entirely indoors, the maximum number of cannabis plants that may be under production at a production site by virtue of a registration is determined by the formula

  [(A × 365) ÷ (B × 3C)] × 1.2

  where

  A

  is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration;

  B

  is 30 g, being the expected yield of dried cannabis per plant; and

  C

  is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting.

• Marginal note:Outdoor production only

  (2) If the production area is entirely outdoors, the maximum number of cannabis plants that may be under production at a production site by virtue of a registration is determined by the formula

  [(A × 365) ÷ (B × C)] × 1.3

  where

  A

  is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration;

  B

  is 250 g, being the expected yield of dried cannabis per plant; and

  C

  is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting.

• Marginal note:Indoor and outdoor production

  (3) If the production area is partly indoors and partly outdoors, the maximum number of cannabis plants that may be under production at a production site by virtue of a registration is determined

  • (a) for the indoor production period, by the formula

    [(A × 182.5) ÷ (B × 2C)] × 1.2

    where

    A

    is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration,

    B

    is 30 g, being the expected yield of dried cannabis per plant, and

    C

    is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting; and

  • (b) for the outdoor production period, by the formula

    [(A × 182.5) ÷ (B × C)] × 1.3

    where

    A

    is the daily quantity of dried cannabis, expressed in grams, indicated in the medical document that forms the basis for the registration,

    B

    is 250 g, being the expected yield of dried cannabis per plant, and

    C

    is a constant equal to 1, representing the growth cycle of a cannabis plant from seeding to harvesting.

• Marginal note:Rounding

  (4) If the maximum number of cannabis plants determined under this section is not a whole number, it is to be rounded to the next highest whole number.

Marginal note:Prohibition — production of plants

• 326 (1) An individual who is authorized to produce cannabis plants under this Division must not cultivate, propagate or harvest them

  • (a) indoors and outdoors at the same time; or

  • (b) outdoors if the production site is adjacent to a school, public playground, daycare facility or other public place frequented mainly by young persons.

• Marginal note:Time limit — transportation of plants

  (2) If the production site of an individual who is authorized to produce cannabis plants under this Division is different from the place where the individual ordinarily resides, the individual must not transport to the production site cannabis plants that were ordered in accordance with section 289 if it has been more than seven days after the individual received the plants at their place of residence.

SUBDIVISION CSecurity Obligations

Marginal note:Security of cannabis and documents

• 327 (1) A registered person who is authorized to produce cannabis, or for whom cannabis may be produced by a designated person, under this Division — or, if applicable, any adult who is named in the registration certificate of the registered person — must

  • (a) take reasonable steps to ensure the security of

    • (i) the cannabis in their possession that was produced under this Division, and

    • (ii) the registration certificate, if they possess it;

  • (b) report the theft or loss of anything referred to in paragraph (a) to a police force within 24 hours after becoming aware of the theft or loss; and

  • (c) report the theft or loss of anything referred to in paragraph (a) to the Minister, in writing, within 72 hours after becoming aware of the theft or loss and include confirmation that the requirement set out in paragraph (b) has been complied with.

• Marginal note:Designated person

  (2) The requirements set out in subsection (1) also apply to a designated person in respect of

  • (a) cannabis in their possession that they produced under this Division; and

  • (b) the document referred to in subsection 313(3).

SUBDIVISION DDisclosure of Information

Marginal note:Disclosure to licensing authorities

• 328 (1) At any time after receiving a medical document that forms the basis for an application under this Division, the Minister may disclose, in respect of the health care practitioner who is named in the medical document, the following information to the provincial professional licensing authority for the province identified in the medical document under paragraph 273(1)(b):

  • (a) the given name, surname and business address of the health care practitioner, together with the number assigned by the province to the health care practitioner’s authorization to practise;

  • (b) the daily quantity of dried cannabis that is specified in the medical document; and

  • (c) the name of the province that is specified in the application under paragraph 312(2)(b).

• Marginal note:Disclosure after registration

  (2) At any time after registering an individual under this Division, the Minister may disclose, in respect of the health care practitioner who is named in the medical document that forms the basis for the registration, the following information to the provincial professional licensing authority for the province identified in the document under paragraph 273(1)(b):

  • (a) the given name, surname and date of birth of the individual who is or was registered with the Minister;

  • (b) the postal code for the address of the place indicated in the medical document as the place where the individual ordinarily resides;

  • (c) the period of use that is specified in the medical document; and

  • (d) the date on which the medical document was signed by the health care practitioner.

• Marginal note:Definition of health care practitioner

  (3) In this section, health care practitioner means an individual who is, or was, a medical practitioner or nurse practitioner.

Marginal note:Disclosure to police

329 The Minister may disclose any of the following information to a Canadian police force, or a member of a Canadian police force, that requests the information in the course of an investigation under the Act, on condition that the information is used only for the purposes of the investigation or the administration and enforcement of the Act or these Regulations:

• (a) in respect of a named individual, whether the individual is a registered person, a designated person or an adult who is named in a registration certificate under paragraph 313(2)(c);

• (b) in respect of a specified address, whether the address is

  • (i) the place where a registered person or designated person ordinarily resides and, if so, the name of that person and the registration number, or

  • (ii) the site where the production of cannabis plants is authorized under a registration and, if so, the registration number, the name of the individual who is authorized to produce and, if that individual is a designated person and the registered person is an adult, the name of the registered person; and

• (c) in respect of a registration,

  • (i) the given name, surname and date of birth of the registered person and, if applicable, the designated person and any adult who is named in the registration certificate under paragraph 313(2)(c),

  • (ii) the full address of the place where the registered person and, if applicable, the designated person ordinarily reside,

  • (iii) the registration number,

  • (iv) the maximum quantity of dried cannabis that the registered person is authorized to possess, as indicated in the registration certificate,

  • (v) the effective date and date of expiry of the registration,

  • (vi) if the registration remains valid by virtue of subsection 314(2), the status of the renewal application,

  • (vii) the full address of the site where the production of cannabis plants is authorized,

  • (viii) whether the authorized production area is indoors, outdoors or partly indoors and partly outdoors, and

  • (ix) the maximum number of cannabis plants that may be produced at the production site and, if applicable, the maximum number of cannabis plants that may be produced for each indoor and outdoor production period.

DIVISION 3Health Professionals and Hospitals

Health Care Practitioners

Marginal note:Security of cannabis products

330 A health care practitioner must, in respect of cannabis products that they possess for the practice of their profession,

• (a) take reasonable steps to protect them from theft or loss; and

• (b) report any theft or loss to the Minister within 10 days after becoming aware of the theft or loss.

Marginal note:Returned cannabis products

• 331 (1) A health care practitioner must, if they accept cannabis products that are returned under subsection 292(3), retain a document that contains the following information:

  • (a) the name of the individual who is returning the cannabis products;

  • (b) the address of the location at which the cannabis products are received;

  • (c) the date on which they are received;

  • (d) the quantity of cannabis that is received; and

  • (e) a description of the cannabis products, including their brand names.

• Marginal note:Exceptions

  (2) The health care practitioner is not required to include the information referred to in paragraphs (1)(d) and (e) if

  • (a) they are unable to ascertain the information without unsealing a parcel that meets the requirements of paragraph 292(4)(a) and the parcel is subsequently sent or delivered to the holder of the licence that originally sold or distributed the cannabis products to or for the client; or

  • (b) in the case of a cannabis accessory that contains cannabis, they are unable to ascertain the information.

• Marginal note:Retention period

  (3) The document must be retained for at least two years after the day on which it is prepared.

Marginal note:Former health care practitioner

332 If an individual ceases to be a health care practitioner, they must, in respect of any document that they were required to retain under this Part and for which the retention period has not yet ended,

• (a) ensure that the document continues to be retained until the end of the retention period; and

• (b) notify the Minister, in writing, of the address of the place of business at which the document is retained and of any subsequent change to the address.

Marginal note:Disclosure to licensing authority

333 The Minister must disclose, in writing, factual information about a health care practitioner — in relation to cannabis — that has been obtained under the Act or the Controlled Drugs and Substances Act to

• (a) the provincial professional licensing authority for a province in which the health care practitioner is, or was, entitled to practise if

  • (i) the licensing authority submits to the Minister a written request that sets out the health care practitioner’s name and address, a description of the information being requested and a statement that the information is required for the purpose of assisting an investigation by the authority,

  • (ii) the Minister has reasonable grounds to believe that the health care practitioner has contravened, in relation to cannabis, a rule of conduct established by the licensing authority,

  • (iii) the Minister becomes aware that the health care practitioner has been convicted of

    • (A) a designated offence,

    • (B) a controlled substance offence in relation to cannabis,

    • (C) a contravention of the former Access to Cannabis for Medical Purposes Regulations or the former Marihuana for Medical Purposes Regulations, or

    • (D) a contravention of the Narcotic Control Regulations in relation to cannabis, or

  • (iv) the Minister has reasonable grounds to believe that the health care practitioner has contravened this Part or the former Access to Cannabis for Medical Purposes Regulations, the former Marihuana for Medical Purposes Regulations or — in relation to cannabis — the Narcotic Control Regulations; and

• (b) the provincial professional licensing authority for a province in which the health care practitioner is not entitled to practise if the licensing authority submits to the Minister

  • (i) a written request that sets out the health care practitioner’s name and address and a description of the information being requested, and

  • (ii) a document that shows that

    • (A) the health care practitioner has applied to the licensing authority to practise in that province, or

    • (B) the licensing authority has reasonable grounds to believe that the health care practitioner is practising in that province without being authorized to do so.